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Thread: My brother binned it on my baby -Rant and a few questions.

  1. #1
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    My brother binned it on my baby -Rant and a few questions.

    Ok so Im pretty fucked off right now. Dont worry though, I have a beer next to me while I type this so by the end of this post the beer will be gone and I will be feeling better.

    I lent my GS250 to my brother on Saturday as his GN got stolen about a month? ago and I had just bought a new bike.

    Things were all dandy until today.

    He crashed my first motorbike. My first ever proper motorbike that I could legally ride on the road. My first baby that although I had crashed before, its just not the same when someone else crashes it.

    From what he's told me, he was going around a round about and a car pulled out in front of him and he must have panicked and stomped on the rear brake. Im pretty certain that he high sided from the description of the crash and the damage.

    He is currently saying he was doing about 20km/h when it happened, but when I originally spoke to him he said he was doing 40.

    I was wondering if you can actually high side doing such a low speed as 20km/h, or even 30km/h?

    He is also saying that he "Had to drop the bike" otherwise he would have hit the car. Am I right to call bullshit on this? The bike never hit the car. It never slid past the car on the road. It stopped by itself before it hit the car. Ergo surely if the bike was upright (even going around a round about) and was on the rubber. It could have stopped even quicker. Im guessing that he just stomped on the rear brake and didn't even try and straighten up. Would I be correct?

    On to the bike though.

    All the damage is has been done to the muffler (its come away from the header pipes and is scratched up more so than before Im told -previous scratches were from me scraping it around corners, not crash damage) and will need a new clamp where it meets the header pipes.

    The left rear indicator has been smashed up. Just the part with the bulb in it. Not the stork that the indicator sits on.

    Also the speedo is stuck saying 20km/h.

    He took it into Trevor Piece Motorcycles this afternoon to get a quote and they put it at $530 to fix the bike. The big spenders being labor and fixing the speedo (they dont actually know what is causing the speedo not to work. Just that it doesnt work).

    Now this is where I have some other questions and things get tricky.

    The lady that was driving the car that pulled out in front of my brother has a husband (go figure). He is something of a motorbike person. Apparently he owns a few bikes or something.

    Anyway my brother spoke to him regarding the quote to fix the bike and he said "NO". My brother then agreed with him that it was to much. He then gave the guy the offer for us to fix the bike at a cost of $400 cash to the guy, and we would call it quits here. If it cost more than $400 for us to fix it then so be it. This would mean that I would get the parts that were needed. I would do all the labor on the bike to get it fixed etc and would take the risk that the speedo wouldnt need to much work done. He declined that too. He wants to see the bike. Fair enough I can understand that.

    My problem is that the guy wants my brother to take the bike out to his place so he can have a look at it. Its about a 35km trip to where he lives. Obviously, while the bike is rideable, its not exactly wise to take a bike that doesnt have any working left indicators, nor an attached muffler on a 30km trip along the highway. Also the bike has no warrant. Its just run out. It was in warrantable condition before the crash. The warrant expired a few days ago. An neither of us drive cars. My brother says he will do it. And I will need to go with him, as I want to speak to the guy. Thats cool. Im not putting my body on the line, riding a crashed motorbike.

    He also wants a go at fixing the bike himself. Being a bike person, and an engineer or something he obviously thinks he can do it for less than the bike shop. He probably can. And apparently he has seen the bike at my brothers work and knows that its not exactly worth doing $500 worth of work on it. Im pretty sure I could sell the bike for $500 though. Hell its registered, would be warranted, and the engine is sweet. Its just missing side covers lol.

    Im not to happy about this. I only trust two people to work on my bikes and some stranger isnt one of them. Granted the work that needs doing isnt exactly life threatening (whats the worst that can happen of the muffler starts to fall off again). But whats to stop him doing a "that will last a month, long enough to get him off my back" kinda job? I would rather have it fixed by a mechanic that I can go and bitch to if the indicator falls off. Also the speedo is rather important. I dont want it to look like it works. So I have asked that if the guy does the work on the bike (and against my preference it seems he will be -I really have to thank my brother for that one) and he fixes the speedo, that he will get it tested and I will get a certificate to prove the accuracy off the speedo.

    I have also asked my brother not to tell the guy anymore until I have seen the bike. I will be having a look at it tomorrow afternoon. So far all that is broken (that they can tell) is the muffler, speedo, and left rear indicator. Im pretty sure that I will notice anything else (I did ride the bike for 3.5 years, and I know it better than the back of my hand).

    If you guys are still reading at this point, I thank you. I just have one last question.

    Is there anything else I should do? The bike didnt have insurance. My brother only has third party and the lady that owned the car that caused the crash doesnt want to touch her insurance for some reason (probably a good thing for me though being that it had no warrant at the time of the crash).

    Also before anyone asks. Yes my brother is alright although if he crashes the bike again on the way to the guys place the last the he should worry about is someone running over him. He will have me to deal with

  2. #2
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    Bugger man, my bit of advice, dont let that guy near your bike. Tell him they are responsible for the damage and you will get your brother to lay a complaint with the police unless they come to the party
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  3. #3
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    Smile

    Im certainly no expert in these things...

    But if the speedo is reading 20kms then it somehow jammed on the speed that he was going at when he crashed.
    (thats what they talk about on the "Crash Investigation Unit" programme on telly).

    I am also guessing that you will/may have to buy a whole speedo unit to replace the smashed one.

    Yep I do believe that you can highside doing only 20kms.


    Good luck sorting this all out.

    Have a chat to a few of the police on this site...... they maybe able to help you out on the legal side of things.
    Last edited by crashe; 10th April 2007 at 21:44. Reason: added in more stuff.........

  4. #4
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    damn! bitch of a thing to happen!!

    i wouldnt take the bike anywhere near a road, except for the back of a trailer or ute. while it was in warrentable condition before the wreck, its not now. the cops would likely ping you for no indicator, no speedo and no warrent. there may also be damage you cant see [frame twisted, bars bent, brakes stuffed, engine stuffed.]
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  5. #5
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    Kinda have to agree with Sniper ... by the sounds they are wanting to do things on the cheap ... but that often means nasty .. and hunny nasty is my name .. not what you should do to a bike ....

    Even if your brother has third party . .what insurance do you have on the bike itself?

    Get a written quote and present it to the people who caused the accident ... give them an option of getting another quote, but it is to be within a reasonable distance or the bike is to be transported ... as if it is not warrentable you should not ride it .. the warrent is not about the six month check but about roadworthiness ...

    My 2c

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    your brother sounds like a fucking idiot. sounds a spillage of Gene-o-Kleen caused the crash.....

    http://www.kiwibiker.co.nz/forums/sh...8&postcount=51

  7. #7
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    That really sucks. Best advice? Do everything by the book. No dodgy jobs on the cheap.

    Unfortunately, there's nothing harder or more painful than getting someone else's insurer to pay out on a third-party claim. Basically, that system is designed around your insurer chasing their insurer. When that's happening, balls get rolling.

    In your situation, though, if the other folk refuse to cooperate when it comes to your third-party claim on their policy, you're basically fucked and will have to take it to small claims court.

    Personally, I'd issue an ultimatum to the guys that pulled out in front of the bike. Tell them to either pay the full cost of a quote from a mechanic you trust or authorise a claim on their insurance policy immediately, or you're filing against them in court.
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  8. #8
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    Quote Originally Posted by Sniper View Post
    Bugger man, my bit of advice, dont let that guy near your bike. Tell him they are responsible for the damage and you will get your brother to lay a complaint with the police unless they come to the party
    What could the police do? It would just end up being her word against my brothers?

    Quote Originally Posted by crashe View Post
    Im certainly no expert in these things...

    But if the speedo is reading 20kms then it somehow jammed on the speed that he was going at when he crashed.
    (thats what they talk about on the "Crash Investigation Unit" programme on telly).

    I am also guessing that you will/may have to buy a whole speedo unit to replace the smashed one.

    Yep I do believe that you can highside doing only 20kms.


    Good luck sorting this all out.

    Have a chat to a few of the police on this site...... they maybe able to help you out on the legal side of things.
    Who are the police on this site. Are they of the friendly type They ride bikes the must be what am I saying.

    Quote Originally Posted by sunhuntin View Post
    damn! bitch of a thing to happen!!

    i wouldnt take the bike anywhere near a road, except for the back of a trailer or ute. while it was in warrentable condition before the wreck, its not now. the cops would likely ping you for no indicator, no speedo and no warrent. there may also be damage you cant see [frame twisted, bars bent, brakes stuffed, engine stuffed.]
    As far as I know, the shop says the frame isnt bent. Also the handle bars were already a little benty. Just the bars though. Not the forks. The forks were perfect.

    I will have a chat with my brother about this. Im obviously not happy to have to help ride/cart the bike any distance far out of my way (as this would be).


    Quote Originally Posted by Nasty View Post
    Kinda have to agree with Sniper ... by the sounds they are wanting to do things on the cheap ... but that often means nasty .. and hunny nasty is my name .. not what you should do to a bike ....

    Even if your brother has third party . .what insurance do you have on the bike itself?

    Get a written quote and present it to the people who caused the accident ... give them an option of getting another quote, but it is to be within a reasonable distance or the bike is to be transported ... as if it is not warrentable you should not ride it .. the warrent is not about the six month check but about roadworthiness ...

    My 2c
    My brother did get a written quote. And he told them the price over the phone.

    I will ask him to offer the people the chance to get another quote done.

    Also is the thing about a warrent about road worthiness, not about a 6 monthly check, does that fly?

  9. #9
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    Quote Originally Posted by Fish View Post
    That really sucks. Best advice? Do everything by the book. No dodgy jobs on the cheap.

    Unfortunately, there's nothing harder or more painful than getting someone else's insurer to pay out on a third-party claim. Basically, that system is designed around your insurer chasing their insurer. When that's happening, balls get rolling.

    In your situation, though, if the other folk refuse to cooperate when it comes to your third-party claim on their policy, you're basically fucked and will have to take it to small claims court.

    Personally, I'd issue an ultimatum to the guys that pulled out in front of the bike. Tell them to either pay the full cost of a quote from a mechanic you trust or authorise a claim on their insurance policy immediately, or you're filing against them in court.
    Thats the thing though. I think my brothers insurance would only cover him for his bike. Not some random bike that he happened to be riding. I will ask him to check his policy though, and see what he comes up with.

    Also wouldn't an insurance company just say "Nope. Bike wasnt warranted therefor it shouldn't have been on the road. You are at fault" and not pay a dime?

  10. #10
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    Dude--First off--if the bike stopped after sliding on its side without hitting the car then it DEFINITELY would have stopped on its tyres.
    The days when the excuse "I had to lay it down to avoid a crash" went out about 20 years ago.
    As for your brother and the person who pulled outs problem---dude thats exxactly what it is--THEIR problem
    Don't get suckered into let it become your problem
    You loaned your bike and expect your bike to be repaired by a professional to the same condition it was in pre loan
    Cost is irrelevant to you
    If the guy refuses to pay up then its your brothers problem not yours
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  11. #11
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    actually, i'd just make your brother pay for all the repairs, then he can chase the car driver. take his transport until he does.

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    Smile

    Quote Originally Posted by Spuds1234 View Post
    Who are the police on this site. Are they of the friendly type They ride bikes the must be what am I saying.
    Scumdog, bykeycop, Nodman and Dynamytus50 to name a few.
    They will be honest with you.

    Might be worth contacting them via pm (private message) and send them the link to this thread to read.

  13. #13
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    Quote Originally Posted by FROSTY View Post
    Dude--First off--if the bike stopped after sliding on its side without hitting the car then it DEFINITELY would have stopped on its tyres.
    The days when the excuse "I had to lay it down to avoid a crash" went out about 20 years ago.
    As for your brother and the person who pulled outs problem---dude thats exxactly what it is--THEIR problem
    Don't get suckered into let it become your problem
    You loaned your bike and expect your bike to be repaired by a professional to the same condition it was in pre loan
    Cost is irrelevant to you
    If the guy refuses to pay up then its your brothers problem not yours
    Thats what I thought. The only time I would lay a bike down to avoid something is if I had to jump off to avoid a drop off a cliff or something.

    Im trying not to let it become my problem, but its rather hard when its your bike that you have lovingly cared for for 3 years.

    Also my mother is on my back saying that I was acting like a dick towards my brother.

    I think I will tell my brother that he crashed it. Its up to him to get it professionaly repaired to the same condition it was in before I lent it to him.

    Quote Originally Posted by marty View Post
    actually, i'd just make your brother pay for all the repairs, then he can chase the car driver. take his transport until he does.
    That might be a bit to mean, seeing as the driver is trying to come to the party.

  14. #14
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    Quote Originally Posted by crashe View Post
    Scumdog, bykeycop, Nodman and Dynamytus50 to name a few.
    They will be honest with you.

    Might be worth contacting them via pm (private message) and send them the link to this thread to read.

    Thanks for that Crashe. I appreciate that.

  15. #15
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    Quote Originally Posted by FROSTY View Post
    thats exxactly what it is--THEIR problem
    Don't get suckered into let it become your problem

    You loaned your bike and expect your bike to be repaired by a professional to the same condition it was in pre loan
    Cost is irrelevant to you

    If the guy refuses to pay up then its your brothers problem not yours
    Exactly... you loaned your bike out. You should get it back in the same condition.

    The person that pulled out is trying to cut costs by settling - dont back down. Book it into the shop, tell them to "fix it" and send them the bill. If they throw a tanty... ring up the plods.
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